The Practice (1997–2004): Season 3, Episode 8 - Swearing In - full transcript

- Previously on "The Practice."

- I'm not crazy about helping
the guy who killed my sister.

- All we're asking

is that you talk
about the Internet thing.

- Boyfriend lives alone,
brother, big house.

Why not Plan B them?

- It might be worth a try.
- Give them a soft Plan B.

- Plan B.
Soft.

For both.

- Did you murder your sister
and frame George Vogelman?

- What?
- Objection!



- Did you follow her to the bar,
then go to the motel?

- That's sick!

- You asked us to trust you.

You just stole my son's
innocence.

- I represent Steve Robin
and his dad.

We're suing you.
- What?

- Steve Robin?

- Yeah, brother of the victim
in your Vogelman trial.

Eugene accused him
of being the killer.

I can paint a pretty
disgusting picture

of you guys
in front of a jury.

Team Plan B.
- You take us to court,

and I promise you
we will be screaming,

"He is the killer"
all over again.



And in the court
of public opinion,

he will be the killer.

Now get your ass
out of this office

and go tell your clients

that truth is a complete defense
to defamation.

- These are your scare tactics?

- Eugene, Tommy Silva
agreed to depose you here.

Probably so he doesn't have
to spring for the coffee,

the skimp.

I ordered a cake
for Rebecca's swearing-in party.

- Oh, I'm sure
she'll be very surprised.

- Oh, very.
She asked for chocolate.

- I can't be worrying
about cakes now.

Have you finished
with the pleadings folder?

- In your bag.
- Are you sure

you don't want somebody
to second chair?

- No, it's just a burglary.
I can handle it.

- Well, who's covering the depo?

- Me,
but we really

should be getting
outside counsel.

- We will if it goes to trial,
but for discovery--

- Fool for a client,
that's what they say.

- Thank you, Lucy.

- This will be a short
deposition, trust me.

It's not like I'm gonna answer
anything.

- Well, what if someone
goes for obstruction of justice?

It's really in these days.

- We can go right
into my office.

- Hi, Lucy Hatcher.

- Evelyn Mayfield.

- I take it you've met Jimmy.

I can introduce you
to the others later.

That's the baby shaker, right?

- Client, Lucy.

Client.
- Right.

The baby shaker client.

Good handshake.

Strong wrists.

[dramatic music]

♪ ♪

- The results
of the psychiatric exam

are supposed to be in
this afternoon.

- And assuming she checks out,
they'll let her go.

- Oh, no.

- I passed the polygraph--

- Lie detectors
aren't foolproof,

as far as they're concerned.

We discussed this.

Plus, dead baby.

They are not about
to just let you go.

- Well, how about they arrest
the one who did it?

I mean,
would they ever consider that?

- Well, I'll know more
by the end of the day.

For now--
- Remain calm, yes, I know.

They accused me of killing
an 11-month-old child.

But I should take it in stride,
I should just stay calm.

- Their case is weak.

The fact
that they gave you bail,

they know their case is weak.

Let's just ride this out.

And yes, stay calm.

- I was walking
towards the side entrance

when I saw a man
exiting the warehouse

with an armful
of laser disc players.

- About how far
apart were you at the time?

- About 7 or 8 yards.

- And what happened next?

- I called out for him to stop.

He dropped what he was carrying
and ran towards the alley.

We're instructed
not to put our lives

on the line to protect property,

so he got away.

- How was the lighting
in this area?

- There's a light
above the door.

I got a very good look at him.

- Do you see this man today?

- He's the defendant.

- How many laser disc players
was the burglar carrying?

- Four.

- Still in boxes?
- Yes, ma'am.

- So his face was covered
when you saw him.

Four boxes,

each about 10 inches high,

must have at least
partially covered his face.

- But then he dropped them
when he ran.

- He ran toward you?
- No, away.

But there was a moment
before he ran, I caught a look.

- A moment?

- Seconds.
- Seconds?

More than ten seconds?

- No.
- More than five?

- It was like two
or three seconds.

- Two or three seconds--
- But I got a very good look--

- There's no question
before you, ma'am.

Move to strike.

- Did you have any conversations
with Steve Robin

prior to his testimony

in the Vogelman murder trial?

- Yes.

- Did you discuss what questions
you would probably ask him?

- Yes.
- Did you tell him

that you planned
to accuse him in court

as the one
who killed his sister?

- Work product.
Don't answer.

- At the time you were having
these discussions

with Steve Robin,

did you plan to accuse him
of killing his sister?

- Work product.

- All objections
have been waived.

- Not on privilege, or--
- We got it on record.

All objections, except
to the form of the question.

- Of course we're not gonna
reveal internal--

- We can get a court order--

- Fine, do it.

But for now, I'd just move on.

- Are you familiar with the term

"Plan B"?
- Work product.

- I'm just asking
if he's familiar with the term.

- And I answered.

Work product.

Move on.

- When you accused Steve Robin

in open court of possibly
being the one killed his sister,

what facts did you rely on?

- Work product.

- This the way
we're gonna play it?

- Sorry, off the record.

You're suing us.

You expect us to play nice?

- Did she do it?
- Lucy...

- Because I saw it on Court TV.

And they did this reenactment,

and she just shook
and shook and shook--

- Lucy!

- Come on, Bobby.

Throw me a crumb.
Did she do it?

- She didn't.

- Because I saw it on Court TV.

She just shook and shook and--

- Lucy...

- You should know
what people are saying.

- We did okay, but it's close.

I think you've got to testify.

- But you said
if I take the stand,

the D.A. can bring up my record.

- Yeah, he can.

- Well...

if they find out
I got two priors,

won't they think
I did this one?

- They might,
but I don't see much choice.

Okay,
how is it

we can't find one witness

that saw you
at the bar that night?

- It was crowded,
and I only

been there that one time.
Who's gonna remember?

- Without a witness, it's
like you don't have an alibi.

What?

Russell, now is not the time
to be hiding things.

- A buddy of mine was with me
at the bar that night.

But...

- But what?
- He's got a record.

He don't want to get involved.

- Russell, you are looking
at a conviction here.

Third time.
It'll mean jail.

If he really is a buddy,
he's got to come forward.

- How'd he find out
we call it Plan B?

- It's not exactly
a trade secret.

We're kind of famous for it.

- He's going for a court order?

- Lindsay
basically answered

"work product"
to every question.

- It was work product.

- Well, be armed
with the research,

because Papp
hates discovery motions.

- We'll be ready.
- Look, look, look.

- Mayfield
could begin this month.

Sources say that they're
far apart from any deal.

You'll remember
Miss Mayfield is charged

with shaking to death

an 11-month-old child

that was entrusted to her care.

Turning to the--

- What's the deal on her?
- I think she's innocent.

- Oh, come on.

All this church stuff
she's into?

Nobody could be that Christian
without being a little vicious.

- Do you ever
say anything thoughtful?

- Look, all I'm saying
is she had very strong wrists

for a babysitter.

Whether that passes
for thoughtful,

you be the judge.

- So, you guys
were together the whole night?

- Yeah.
- At a bar

called Little Freddie's
from 11:00 till closing?

- Yeah, that's right.
- I'm a little curious

why you didn't
come forward before.

I mean, this is your best friend
we're talking about.

Now, I understand
you have a record--

- Ms. Washington,
I've got a decent job.

If it got out that...

It was a sexual assault
conviction in '92.

Back in New York
under another name.

- What'd you do?

- They say I raped a girl.

Anyway, let's just
say I don't need

that coming to light, you know?

- Okay, I understand.

But Russell needs you.

This is your friend.

He will go to prison.

- Will they find out
about my conviction?

- It's a small case.

The odds are, they aren't gonna
do a big background check

on some burglary trial.

But there is a chance, yes.

- Leaving in about 20 minutes.

You need anything else?

- No.

- Okay, 'night.

Rebecca?
- Huh?

Oh, 'night.

Okay.

- Eugene, Bobby,
I think I may have a problem.

- What?

- My client, I mean my trial,
you know the burglary?

Russell Thurm?
- Yeah.

- I think he's a serial killer.
- Really?

- Excuse me?
- I mean, I can't be sure.

But, I mean, I think.

- What's going on?
- Rebecca's client's a murderer.

- Close the door.

- I think he's one
of the harbor stranglers

everybody's talking about.

- Who?
- My client.

I just got finished meeting
with his alibi witness.

I told Russell
that we needed a witness.

And he told me
that he was in a bar

with this other guy, Ronzoni,
who I just met with.

- Slow down.
- Okay.

This Ronzoni, I think
he's the other serial killer.

I saw his arm.

- Well, what did he tell you?

- Well,
he didn't tell me anything.

What, do you think
he's gonna tell?

You don't go around admitting
you are a serial killer.

I mean,
he's not some serial confessor.

- Rebecca, slow down?

- Okay, okay.

Ronzoni has a tattoo
of dice right there.

It's in all the papers.

One of the harbor stranglers
has a dice tattoo on his arm.

- Yeah, that's true.
I've heard that.

- And he also has a sexual
assault conviction.

He raped a girl.

- That doesn't mean--
- No, no.

August 14th,
Russell

and Ronzoni are at a bar

on Franklin
till 2:00 in the morning.

Michelle Cummings,
the prostitute,

was killed that night.

Now, I looked it up.

She was last seen around 2:00

on the corner
of 18th and Franklin,

which is just three blocks
from the bar.

Now, I've got rapist

with a tattoo
near the scene of the crime.

You're gonna tell me
that doesn't add up?

I mean, now we know he didn't
knock off a video store.

He was busy killing somebody.

So do we call the police?
- Well...

- They're serial killers!
- Hold on.

Unless someone
is in immediate danger--

- There is!
- Who?

- Any young girl, that's who.

- I don't think
you can reasonably

believe someone's in danger

unless you first know that
these are the serial killers.

And just on the tattoo--

- Even if they are, who's to say
they're gonna do it again?

- Of course
they're gonna do it again!

They're serial killers.

That's why they're called
serial killers:

they keep doing it.

- What do you think?

- Well, if you knew
these were the guys,

that would be one thing, maybe.
But--

- Why don't we
just turn in Ronzoni?

He's not my client.

- You'll end up
implicating Russell.

- Did you read what they did
to those girls?

- I'm not sure
we can do anything yet.

- Bobby,
how can we not do anything?

- All you've got is a belief

that your client
and his alibi witness

are bad guys.

- So I do nothing?

- You defend your client.

- Asking them
what they believed at the time

is not invading work product.

- Of course it is,
when our beliefs are based

on internal discussions
made between each other.

- Take a look at the transcript
of the deposition, Judge.

They wouldn't answer anything.

They also asserted
"work product"

to almost every request
we made for document production.

- Documents that were generated
in preparation--

- That's not gonna fly,
Ms. Dole.

You're not gonna sweep
everything under work product.

- Well,
all this stuff

falls under our strategy
in defending--

- Yeah, and it's your strategy
that you're being sued for.

- You can't pierce work product.

If you could, then--

- Look, this is a simple cause
of action.

He's saying
that you didn't have

a good faith belief

for pointing your finger
at the brother.

He's entitled to explore that.

- It isn't that simple.
If you allow lawyers to--

- I'm making it that simple.

Now, you answer all
of these questions truthfully,

completely,

or I'll enter a judgment
for the plaintiff right now.

- I'd appeal it right now.
Get it certified to SJC.

- And if we lose,
then we're right back

before this guy...
- Hold on.

- Who will be even more angry
than he already is.

- You weren't afraid
of pissing off Judge Hiller

in the Pearson trial.

- That was after the verdict,
Ellenor.

This guy's the trial judge.

- We can't be answering
questions about Plan B.

- We can't be going into trial
with a judge

who is biased against us.

- We're dead.
- Table it.

- Hey, guys.

Look.

I know this sounds self-serving

or like I'm trying
to have it both ways.

The truth is,
I really don't like

suing other lawyers,
especially a small firm.

I feel like we're
from the same club.

That aside,
I am suing you,

and you guys
face some serious exposure;

not just moneywise,
but public relations too.

Be smart.

Settle this.

I won't push for anything
beyond your policy limit.

You know I'm right.

Let's not be silly.

- Me?

- We've given it a lot
of thought, and--

- Oh, isn't this just a little
too incestuous?

I've slept with Bobby Donnell,
my roommate is Lindsay Dole.

- And you've gone up
against them before, so--

- Yes, which has never proven
to be a very good idea.

- I know it's asking a lot,
but there's a lot of heat here.

Dead babies make good copy.

- Do you know how much
of a personal life I have?

Lindsay's my best friend.

Bobby's a friend too.
Even--

- They just sandbagged you
in open court.

How can you--
- That was Ellenor Frutt.

- Helen...

You, better than anybody,
know this firm.

You're the only D.A.
we have that seems

to be able to beat them.

We need you.

The case wobbles as it is.

- I tendered his name as soon
as I became aware of him.

- It's unfair surprise,
Your Honor.

- There's no real surprise,
Your Honor.

This witness corroborates
my client's alibi, which--

- The defendant
obviously feels he's losing,

so he found someone
to lie for him.

- I don't understand why,
if this is your client's friend,

you didn't know
about him any sooner.

- Your Honor, as soon

as I became aware
of this witness,

as soon as I had the opportunity

to talk with him,
I tendered his name.

- [sighs]

I'll cut you a little slack
this time.

I'll grant a continuance
until 9:00 tomorrow

so you can prepare
for the witness.

[dog barks]

- Andrew, come get your jacket,
honey.

Elizabeth, don't touch that,
now.

Here.
Put your jacket on.

Guys, take the pumpkin bread
to Mr. Kelly, one each.

Thank you.

Bye-bye.

- The report was not great.

- What do you mean?

- The psychiatrist
thinks you could be in denial.

- What?

- He makes room
for the possibility

that you don't even have
a memory of it;

that's why you passed
a polygraph.

- [scoffs]

He's saying
that I committed a murder,

but I don't have
a memory of it?

- It was a court ordered report.

It can't be introduced,

so I'm not even
worried about it.

But it doesn't encourage
the D.A. to let you go, either.

Speaking of which,

we just got a little bit
more bad news there too.

Helen Gamble
will be prosecuting.

- Who's Helen Gamble?

- One of their best
on homicides.

She and I
also used to be involved.

She lives with another lawyer
at my firm.

She knows us all very well.

I suspect that's why
she's been put on.

But it's not all bad.

I know her style too.

- You've tried cases
against her before?

- Several times.
- Who usually wins?

- It comes down more
to the facts than the lawyers.

- So she usually wins?

- Their case
is very circumstantial,

and since you were
the last one with the baby--

- The father did it.

People have seen him be abusive.
He--

- But Kevin was with you
when he stopped breathing.

It may not be proof you did it,

but it sure as hell
gives reasonable doubt

to the father.

- That's why they are
prosecuting me, isn't it?

The public wants a conviction,

and I'm the only one
they can get.

- It's possible.

I want you to talk
to everybody.

Anybody who knows her.

Our whole defense might be,

"It's not in her character."
- Okay.

- Ellenor, I'd like you to go
for the medical,

see if anything is unanswered.

Pre-existing conditions--

- The cause of death
isn't in question, Bobby.

The autopsy is--
- I don't want to assume that.

If the autopsy
is accurate, fine.

But let's not be giving them
the benefit of the doubt.

- Is it just me,
or is this a perfect Plan B?

We've got an abusive father

and we're just running scared
because we got sued.

- Nobody's running scared.

We'll go after the father
if we have to.

What's the deal on the other?

- Eugene's depo
resumes tomorrow.

- 2:00.

- May I make a very
unpopular suggestion?

- Forget it.

- If we were representing
another firm being sued

for this, we would absolutely
be recommending settlement.

- It's not another firm.
It's us.

- Our policy
limit is $1.5 million.

Suppose a jury slaps us
with a $3 million judgment.

It's not just everything
in this office we lose.

We're named personally.

They'll take our cars,
our refrigerators--

- If we settle this,
it's an admission of liability.

There will be headlines
in every legal publication.

- That's not true.
- It is true, Lindsay.

And on principle,
how do we cave?

- Forget principle,
I'm talking about surviving--

- Which we won't do
without principle.

Now, the practice
of law may only amount

to a conference table to you.

With me, it's more.

- All right.
- Who are you kidding?

You stood up in open court

and accused a brother
of killing his sister?

You're gonna claim
the high road?

- We all agreed
to Plan B the guy.

- A soft Plan B.

He went for the throat.

Now we're getting sued.

You not only owe an apology
to that kid,

you owe one
to the rest of us here

who you put at risk.
- Hey, Lindsay,

you're the one who first told us
to go after the brother.

- Not like that, I didn't.

I said raise the question.

A jury's gonna kill us.

- All right, that'll do.

At a minimum,
Lindsay

may be right
about outside counsel.

I'm gonna look
to bring somebody else in.

- Should I send it back?

I mean,
it was supposed to be chocolate.

This is German chocolate.

Puke.

- Will she care?

- Jimmy, it's got coconut bits.

- It's just a cake, Lucy.

- How often does a person
get sworn in to be a lawyer?

You know, this is a big thing,
Jimmy.

You don't celebrate big things

with German puke
coconut bit chocolate.

[door squeaks, clatters shut]

Serial killer.

I'm on break.

- Can I help you?

- Uh, yeah, I'm looking
for a Rebecca Washington.

- Mr. Ronzoni.
- Yeah.

Look, I'm having some
second thoughts about this.

Can't I do this, like,
by affidavit or--

- I don't think you can.
- Suppose they dig up my record?

- You've already done your time
for that.

They can't do anything.

Look, I will just ask you
a few questions,

keep it short.

- What questions exactly?

- Do you recall
where you were on August 14th

at 1:30 in the morning?

- Uh, yeah.

I was at Little Freddie's,

a bar on Franklin
near the corner of 15th.

- Did anyone accompany you
to the bar that night?

- Yes.
Russell Thurm.

We arrived together around 11:00
and left together about 2:00.

- From 11:00
till 2:00,

were you ever
apart from Mr. Thurm?

- Other than a couple minutes
for a bathroom run, no.

- Well, how can you be sure
that it was

August 14th
that you were together?

- Well, I have
a credit card receipt.

- Is this the receipt
you are referring to?

- Yeah.
- Mark and identify, Your Honor?

- Mark exhibit seven.

- Could you please read
the highlighted portion?

- Little Freddie's, $31.78.

Peter T. Ronzoni,
August 14th, 1998.

1:57 a.m.

- Thank you.

- Russell Thurm's name

appears nowhere
on this receipt, does it?

- Why would his name
be on my receipt?

- So all the receipt
proves

is that you were in the bar
that night, doesn't it?

- Objection.
- Sustained.

- You consider Russell Thurm
a friend?

- Yeah.

- A good friend?
- I guess.

- You don't want
to see your good friend

go to jail, do you?

- No.

- You stayed in that bar
until 2:00, huh?

- Yes.
- Didn't leave before closing?

- Right.

- Right.

- I really appreciate
you talking to me.

- You know, Mr. Berluti,
my entire congregation

would have been here
if you had asked them.

- You don't think
Evelyn could have done this?

- It's beyond any possibility.

I won't throw
around the "saint" word,

but Evelyn Mayfield
is not only a gentle woman,

she's one of the most loving.

She's probably
babysat the children

of over half the congregation.

- Nobody's ever complained
that she had a temper or,

you know,

used corporal punishment?

- No.

Mr. Berluti, they're still
calling her to babysit.

Now, I may not be the world's
best judge of character,

but they've got
the wrong person.

- You know the father
of the victim.

- I do.
He's in the congregation.

- You think
he could have done this?

- I really don't feel
comfortable commenting on that.

- We saw that he was
basically unaccounted for

at the time of the crime.

That raised suspicion.

- Did you have any evidence
of Steve Robin

having a history of violence?
- No, but that doesn't mean--

- The answer
to the question was no.

- Doesn't mean what?

- The answer was no.

- Are you familiar with the term
"Plan B"?

- This is work product.

- If we go back
before the judge--

- I don't want
to be giving this--

- Just give the answer
we discussed.

- Yes, I'm familiar
with the term.

- Could you define it, please?

- Sometimes,
when we have clients

we feel did not commit the crime

with which he or she is charged,

instead of simply aiming
to establish reasonable doubt,

which we would consider plan A,

we endeavor to raise
the possibility

of perhaps another suspect

who had motive and opportunity

to commit the crime.

We call that "Plan B."

- You point the finger
at somebody else?

- Yes.

- And in the Vogelman trial,

you pointed the finger
at Steve Robin.

- We raised the question
as to his motive

and opportunity.

- It went okay.
I think we have a good shot.

- What happens next?

- Closing arguments;
then we wait for the verdict.

- Well, I don't got to be here
for any of that, right?

- No.

Hello?

What?

- I taped as much as I could.

- Annie Shaw is believed
to be the tenth victim

of the now infamous
harbor stranglers.

At 15, she would also
be the youngest victim

of these grisly killers.

Though police
are releasing few details

at this hour, we do know this.

Her naked body was found
by a homeless man on Tuesday.

At this hour, it appears
Ms. Shaw was abducted

while walking home
from a friend's house.

- It doesn't change anything,
Beck.

- It doesn't change anything?

Bobby, they just
killed somebody else.

- You don't know it was them.

You don't know
they're the killers.

You don't know they're gonna
hurt somebody else.

You have no legal right
to do anything.

- Legal?
What about moral right?

- That oath
you're about to take tomorrow

has nothing to do
with moral rights.

- Oh, please.

Spoken just like a true
defense attorney.

- Which you are on this case.

[sighs]

Sit.

This is the worst part

of the job, Rebecca.

But it does go with the job.

I know you know,

'cause you've seen
me and Eugene

and everybody here

agonize over
this same kind of situation.

The reason
you're so frustrated is...

is because you know
you don't have a choice.

- My feeling is,

she's very much
the wonderful person they claim.

- A wonderful person
who shook a baby to death.

- Well, that's why I think
denial is possible.

It would be unconscionable
to hurt a child.

Inconceivable
to her that she could hurt him.

So if she snapped,
she may have blocked it out.

- Mm, I'm hearing
too many "if"s.

I'm not walking into court
with "if."

Did she do this or not?

- I'm not saying she did it.
You're saying she did.

- What's going on?

- Did you not find
she was in denial?

- You asked me
to evaluate this person

to determine if she was
psychologically capable of--

- We asked you
in your professional opinion

if she committed the crime.

- Well, that's ridiculous
to ask me.

That--I don't know the facts.

- All right. All right.
Hold on.

If you don't think she did it,

how the hell do you find
her to be in denial?

- Look, Ms. Gamble,
I don't need--

- All right, doctor,
just tell us.

- I found a pattern
of denial with her.

When she's pushed, she retreats
into God and her religion.

There were certain memory lapses
she couldn't account for.

But I don't think she was lying.

- I'm very confused here.

- The baby died in her custody.

There are things
she didn't remember.

My suspicion
is her memory is blocked,

and she's the one blocking it.

- I want to offer manslaughter.

- Go ahead.

[knocking at door]

- Come in.

Ms. Washington?

- I'd like to withdraw
from the case.

- [sighs]

On what grounds?

- Irreconcilable differences.

- You're gonna
have to do better.

- Hypothetically,

let's just say
a lawyer has reason

to believe his client
is a serial killer.

Would that be legal cause?

- Is your client
asking you to commit a crime

or fraud?
- No, but--

- Your request
to withdraw is denied.

- Hypothetically, what
if he's about to commit a crime.

- You have knowledge of that?

- Well, not specific knowledge,
but common sense.

- Common sense?

You you realize you violated
your ethical obligations

coming in here with this?

- You asked
whether I have legal cause.

I just posed a hypothetical.

- Counsel, I'm going to give you
the benefit of intelligence

and assume that you knew
before you walked in here

that you didn't have cause.

- Look, if a client doesn't pay,

that's legal cause to withdraw.

I figured something
a little more serious,

like rape or murder,
might qualify too.

- Yes,
and you figured

if you couched it
as a hypothetical

you could make an end run
around the legal ethics

and that maybe I would pass
on the information

to the police.

You were wrong.

- Suppose he kills
somebody else.

- Counsel, I...

Did you come in here
for me

to make it easier for you?

I will.

Go and prepare your closing.

And if I have
the slightest suspicion

that you are not vigorously
defending your client,

I will, I promise you,

turn you over
to the board of bar overseers.

I will report
that you passed on information

prejudicing your client,

that you tried
to bias me against him,

and that you threw the case.

And you won't even make it
to tomorrow's ceremony.

Now say, "Thank you,"

and go.

- Manslaughter, best we can do.

- She didn't do it, Helen.

- Coroner's telling me she did.

- It was the father.

- Oh, come on, Bobby.

Don't you think
we'd like it to be the father?

History of abuse.

Tendency towards violence.

He was the obvious suspect,

but the doctors tell us
the death was immediate.

Evelyn Mayfield
was the only one there.

Is it true her church
is paying her legal fees?

- Yeah.

Helen, friend to friend?

- Oh, yes, let's trade
on that trust thing

I've got going with your office.

- I think she's innocent.

- Bobby, you always do.

- And you always
think they're guilty.

- Well, that's probably
why we didn't work out.

I'll give you manslaughter.

- Ms. Washington?

Ms. Washington?

- This may seem like just
a simple burglary case,

but there's much more at stake.

I promise you that.

It's the integrity
of our criminal justice system.

That system is designed
to preserve people's rights.

We go to great lengths
to do that.

One right is that someone
can't be found guilty

without proof

beyond a reasonable doubt.

What do we have here?

A nighttime I.D.,

boxes covering
the burglar's face,

the security guard
catching a momentary glimpse.

That is their entire case.

Not a big part, not most,

but their entire case.

A few seconds
as the suspect

was running away
in the opposite direction

with boxes blocking his face?

Beyond a reasonable doubt?

Add to that,
my client has an alibi.

Mr. Ronzoni placed him at a bar

at the exact time of the crime.

Yes, they're friends.

But he had a credit card
receipt, didn't he?

The D.A.
is going to try

to get you to believe
the security guard

more than my client's
alibi witness;

even if you do,

that is not enough to convict.

Remember,

your verdict here isn't one of
those news magazine polls

where you dial a 900 number
and give your opinion.

You are not here
to render your opinion

or your hunch.

You're here to uphold an oath,

an oath that's the very essence
of our jury system.

We don't take away
a man's freedom

unless the state
satisfies a burden of proof.

They didn't.

They didn't even come close.

- I don't know about you,
but I always

find it a little suspicious

when defense lawyers
start waxing about oaths

and integrity

of systems and burdens of proof.

It usually means
they're short on facts.

Our system
isn't to turn criminals loose.

Integrity isn't relying
on the credit card receipt

of a suspect's buddy

who makes
an 11th hour appearance.

Your oath here
was to serve justice.

We have an eyewitness,

an eyewitness
who saw that man

with the laser disc players.

Come on.

I agree that there is more
at stake here

than a simple burglary.

I also agree
that there's some integrity

on the line.

Yours.

[door slams]

- Sorry.

- How'd she do?

- I think pretty well.

Okay, I've consulted
three lawyers,

all guys I trust.

All three say settle.

- What?

- People in this case,
let's call them jurors,

aren't crazy about lawyers
to begin with.

It's not likely
they'll be too sympathetic

to qualified immunity arguments.

Add to that the facts,

pinning the victim's
one brother,

add to that Tommy Silva,
Joe Red Sox fan,

who juries love?

The consensus is for us
to cut our losses

and to get out.

- What we did in that courtroom
is protected.

- and I'm not running
from Tommy Silva.

We've beaten bigger guys
than him.

We've never been people
who run scared,

I won't bend over for this,
I want to fight.

- So do I.
- I say settle.

- Jimmy?
- I say fight.

Of course, I'm not a partner.

I'm not at risk
like everybody else.

Including Rebecca,
who's not even sworn in yet.

I'm just an associate.

- I keep going back
to what if we lose.

It's not just a case.
- I don't--

- And it's not just a conference
table.

This could be
our whole practice.

- Then we start over.

- Whatever we do,

it can't be a decision
out of ego.

- I want to fight.

- We have to fight it.

- Okay.

Jimmy, you'll first chair.

both: What?
- What?

- Silva's style is
"I'm just a regular guy,"

Jimmy's our best guy
to counter that.

He's regular too.

- Yeah, well, if that's--

You know, look,
no offense, Jimmy,

but we need our best
at our best.

Shouldn't you be doing it?

I mean, he's good.
I mean, you're great.

But we need our--
- Best.

- Jimmy will first chair.

I'll second.

Anything else?

- Okay, back to work.

- Bobby, Evelyn Mayfield's
here with her husband.

Who died?

- How long we got to wait?

- Well, they'll only
go for another hour;

then suspend till tomorrow.

You guys got plans or something?

- They've offered manslaughter.

It's something
that we should consider.

- Surely you're not
suggesting she plead guilty.

- What I'm suggesting
is they have a medical case

indicating that the child
died almost immediately.

That will be tough
for us to explain.

And there's a risk
of a murder two conviction.

That's 20 years, maybe more.

Manslaughter, good behavior,
you could be out in three.

- But I didn't do this.

- I know
this doesn't sound great,

but whether you did it or not
doesn't really matter.

- Doesn't matter?

- Of course
it matters on one level.

In terms
of deciding how to proceed here,

what I have to weigh
is the prosecution's chances

of convicting you.

Your innocence is almost--
almost irrelevant there.

As I said,
they have a circumstantial case,

but, in my opinion,

emotion will be against you.

I'm not crazy
about rolling the dice.

Not with 20 years.

- I didn't shake that baby.

And I'm sitting with one of

the best criminal lawyers
in the city,

and he's telling me
to plead guilty.

- I'm telling you,

you could be looking at guilty.

- That baby came to me crying.

After about ten minutes,

I was finally able
to console him.

I rocked him
until he fell asleep.

I put him in his crib.

I came back in about 15 minutes,

and he was dead.

If I'm convicted of killing him,

then so be it.

But I didn't kill him.

I know it

and God knows it.

And I suspect that
that child's father knows it.

And I will not say
that I did do it

just to get less jail time.

- Okay.

Then we go to trial.

- Will the defendant
please rise?

- Members of the jury,
have you reached a verdict?

- We have, Your Honor.

- What say you?

- In the matter
of Commonwealth versus

Russell Thurm

on the charge of breaking
and entering at night,

we find the defendant,
Russell Thurm, not guilty.

- The jury is dismissed
with the thanks of the court.

We're adjourned.

[gavel bangs]

- Thanks.

- Yeah.

- Not guilty!
- Really?

- She's on her way
to the ceremony now,

which, by the way,
we better get a move on.

Jimmy! Bobby!
Let's go!

- Coming!
- We've got time.

It's Washington, W.

They'll be calling her
at the end.

- And we should be there
at the beginning.

- Let's go.

- Hey Jimmy, you got a sec?

I didn't mean to put you down.

It's just with this case,

so much on the line...

Please don't misunderstand me.

- I understand you perfect.

- Can you believe
she's about to be sworn in?

- Hey, you think I should go
to law school?

- No.

- China Rain, I like that.
Helen wears that.

- I'm not wearing China Rain.

- I wear Slovakian Snow.

- We hugged hello.

- Please rise.

Raise your right hand
and repeat after me.

I, your name,

solemnly swear
that I will do no falsehood.

- I, Rebecca Washington,
solemnly swear

that I will do no falsehood.

- Nor consent
to the doing of any in court.

- Nor consent to
the doing of any in court.

- I will not wittingly
or willingly

promote or sue
any false, groundless,

or unlawful suit.

- I will not wittingly
or willingly

promote or sue
any false, groundless,

or unlawful suit.

- I will conduct myself
in the office

of an attorney
within the courts.

- I will conduct myself
in the office

of an attorney in the courts.

- According to the best
of my knowledge and discretion.

- According to the best
of my knowledge and discretion.

- And with all fidelity,

as well to the courts
as my clients.

- And with all fidelity,

as well to the courts

as my clients.

- So help me God.

- So help me God.

- Congratulations.

You're all officially members
of the bar.

[cheers and applause]

[dramatic music]

♪ ♪